If there was any doubt that the big guys get off too easy, I think the financial crisis removed it. I can't dispute that.
However, there is a difference between negligence and actively promoting fraud, IMO. Clearly there was too much pressure on getting employees to sign up customers for new accounts, and clearly there was not enough oversight to ensure the customers actually requested those accounts. Personally, however, I just don't buy that the CEO of the company was encouraging subordinates (upper, mid, or lower level) to actively commit fraud. Even if his only motivation was self-interest, I can't see someone at the very top engaging in a scheme that was almost surely going to be uncovered eventually.
But hey, if it takes a criminal investigation into him personally to sort that all out, then so be it. I just don't like the grandstanding from both Republicans or Democrats during these kinds of hearings.
I'm still not willing to call the lower-level employees victims, though, as Warren does. They knew their actions were fraudulent and criminal. I sympathize with the pressure they were under, but that doesn't justify breaking the law.